Third man sentenced in downtown Midland robberies

Kelly Dameof the Daily Newskdame@mdn.net

Published 8:00 pm, Thursday, April 16, 2009

The last of three men charged after a string of armed robberies in downtown Midland has been sentenced.

Jeremy Joel Garcia, 20, Saginaw, was remanded to begin serving a sentence of between five and 15 years in prison after a March plea deal to three counts of unarmed robbery. The sentence, which includes credit for 152 days, restitution of $1,018 and extradition costs of $1,821, was levied by Midland County Circuit Court Judge Michael J. Beale on Friday morning.

Garcia was originally charged with five counts of armed robbery, six counts of felony firearms, one count of assault with the intent to rob while armed and one count of conspiracy to commit armed robbery.

Garcia, wearing a white T-shirt under his orange jail jumpsuit with both sets of sleeves rolled up together, stood patiently as his Saginaw attorney, James Piazza, Beale and Assistant Midland County Prosecutor Michael Wolsh spoke about details of his presentencing report.

Piazza, given the chance to speak about his client, said Garcia has a lot of positive things going for him: He is the father of a 4-year-old child, is engaged to the child's mother and is employed in construction in Texas, does not use drugs or alcohol, and is an athlete with no gang ties. He's been involved in a jail program to help him obtain a G.E.D. since he's been incarcerated, and has a supportive family, which filled almost half of the courtroom for the hearing.

"He's trying to prove himself through education," Piazza said, adding his past criminal record is one assault and battery as a juvenile and giving a false name to Texas officials as an adult.

"I believe he deserves a break," he said. Garcia declined the chance to speak for himself.

Wolsh said prosecutors believe the plea agreement is appropriate.

Beale told Garcia that it's a shame when someone as young as he is stands in court, facing 15 years in prison, and explained that he has no discretion about sending the man to prison - only how long he's there. If the case would have gone to trial, as was scheduled for later this month, Garcia would have faced more time in prison than with the plea deal, which prosecutors found acceptable, the judge added.

"It's a shame it's happening at such a young age for you," Beale said, encouraging Garcia to continue his efforts to obtain an education and to take advantage of programs offered in prison to help ease his transition back into society.

Beale also pointed out that while testimony and evidence show he was the leader of the group involved in the robberies, Garcia possess the least serious criminal record of the bunch.

The robberies occurred on Sept. 7 at the Trilogy Skatepark, on the Tridge and at the Farmers Market. Also charged were Midland brothers Anthony Austin Baker, 18, and Jeffery Michael Baker, 23.

Anthony Baker was sentenced on Jan. 23 for two counts of unarmed robbery, and is serving a prison term of five to 15 years.

Prosecutors dropped the charges against Jeffery Baker in exchange for his testimony against Garcia, but he was sent back to the Department of Corrections for an alleged parole violation. Beale said at Friday's sentencing hearing that the parole board decided not to violate the terms of Baker's parole, and he has been released from custody.